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CIT Products for implementation of the COTIF Uniform Rules
Part 1 : CIM
Dr. Erik Evtimov, Deputy Secretary General to the CIT
The CIT
130 railway undertakings
and maritime companies
as full members
6 associated members
Association under Swiss
law with legal personality
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Objectives:
1. Implementation of the COTIF and European law that has an impact
upon transport law
2. Standardisation of the contractual relationship between carriers and
between carriers and their customers for passenger and freight traffic
3. Representation of its members’ interests with the authorities and other
organisations
Organisation of the CIT
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The General Secretariat manages
the CIT. It is composed of ten staff
members and has the following
tasks:
implementing the decisions of
the General Assembly and the
Executive Committee;
making the arrangements for the
meetings of the Executive
Committee;
preparing the Annual Report,
the Annual Accounts and
Budget for presentation to the
Executive Committee;
convening and taking part in
meetings of committees and
working groups.
CIT’s activities
• Meetings dealing with the
preparation of documents
related to international transport
• Information : www.cit-rail.org
• Training sessions / conferences
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Intergovernmental and railway organisations
Technical and
operational
standardisation
Transport law Railway and maritime
undertakings
Infrastructure
Politiques
SMPS
SMGS
Transport Law States
OSJD
OTIF and COTIF
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COTIF = Convention concerning International Carriage by Rail
• Aim = to establish uniform rules for international carriage by rail
• Entry into force: 1 July 2006
• Multiple revisions since the 19th century !
OTIF = Intergovernmental Organisation for international carriage by rail
• 50 Member States (including the EU since 2011)
• Recent new members = Russia, Armenia, Georgie, Pakistan, Azerbaijan extension to the East
• Headquarters in Bern (Switzerland)
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(1.1.) COTIF main agreement and the
Appendixes CIV/CIM/CUV/CUI
Appendix A
CIV
Appendix B
CIM
Appendix C
RID
Appendix D
CUV
Appendix E
CUI
Appendix F
APTU
Appendix G
ATMF
COTIF
Convention concerning International Carriage by Rail
_______________________
Protocol on privileges et
immunities of OTIF
Vilnius Protocol 1999
(1.2) CIT Products
Passenger traffic (CIV)
1. (Passenger Charter) (jointly with UIC and CER)
2. GCC-CIV/PRR
3. MCOOP (GTCs for Cooperation)
4. MIRT (GTT-CIV + GTV-CIT)
5. AIV
6. East-West Tariff (UIC Product for trough ticketing)
Freight traffic (CIM)
1. (Freight Charter) (jointly with UIC and CER)
2. GTC-CIM
3. GTC EurAsia
4. GTC Rail-Sea
5. GTCs for Cooperation
6. GLV-CIM (+GLV-TC)
7. GLV-CIM/SMGS
8. GR CIM/SMGS
9. Checklist Customer Agreement
10. Checklist Claims Handling Agreement
11. Sub-contract TC
12. GTM-CIT
13. AIM
Use of wagons (CUV)
Mainly by the UIC: GCU (jointly with UIP and ERFA)
CIT: GLW-CUV
GTW-CIT
Use of Infra-structure (CUI)
E-GTC-I (jointly with RNE)
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(2.1) CIT Products: Freight documentation
COTIF / CIM
Contractual documents
GTC-CIM
GTC EurAsia
GTC Rail-Sea-Traffic
Customer Agreement Checklist
Checklist
Claims Handling Agreement
GTC cooperation
Boilerplate contract for subcontracting CT
Manuals
GLV-CIM
GLW-CUV
GLV CIM/SMGS
GR CIM/SMGS
GTM-CIT
GTW-CIT
Agreements
AIM
(2.2) Main CIT documents for international
freight traffic
• General Terms and Conditions – the single contract of carriage shall refer
explicitly to it (opting-in)
• Customer Agreement – recommendations as a checklist on how to draw-up a
customer agreement (with the client)
• Boiler-plate contract CT – single contract for sub-contracting in the
international combine traffic
• Different Consignment Notes Manuals (GLV-CIM; GLV CIM/SMGS; GR
CIM/SMGS; GLW-CUV) – instructions for the use of the consignment notes
CIM, CIM/SMGS, CIM and SMGS or CUV
• Freight Traffic Manual (GTM-CIT) – operational rules for the consistent
performance of the international freight traffic by rail (between carriers)
• Agreement concerning the relationships between carriers (successive) in
respect of International Freight Traffic by Rail (AIM) – sharing irrecoverable
charges and compensations paid out between the railways (opting-out)
• Agreement concerning the Database of CIT Members – old web source of
information about the CIT members and traffic restrictions: www.cit-rail.org
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(2.3) Architecture of the international
contract of carriage of goods
COTIF 1999
UR CIM, Appendix B to COTIF
General Terms and Conditions (opting-in)
Contract of carriage
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Customer Agreement
GTC-CIM
Consignment
note CIM
=
Contract of
carriage
Consignment
note CIM
=
Contract of
carriage
Legal architecture Contractual architecture
(2.4) General Terms and Conditions (GTC-CIM)
• Contractual freedom under UR CIM
• The GTC-CIM shall govern the legal relationship between the carrier and customer for consignments subject to the UR CIM;
• Contracts of carriage of goods by rail where the scope of the CIM has been extended in accordance with Art. 1 § 2 CIM
• at least one COTIF Member State
• and in every case where the parties to the contract of carriage so agree
• General terms and conditions as integral part of the contract of carriage by rail (opting-in)
• Respect of the mandatory rules of the national law (including the collision norms of the national IPR)
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(2.5) Single Contract of carriage: the CIM
consignment note
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• Consignment note = only a proof of the contract of carriage (Art. 6 § 2 CIM)
• However, consignment note is obligatory for custom purposes (Art. 6 § 7 CIM)
• International associations of carriers (CIT) have the task to establish uniform model consignment notes (Art. 6 § 8 CIM)
• Except if otherwise agreed, the completion of the consignment note shall be in the responsibility of the consignor (Art. 8 CIM)
• Electronic consignment note: functional equivalence with the paper one (Art. 6 § 9 CIM)
(2.6) Paper
consignment
note CIM
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CIM Consignment note /
CUV Wagon note
Delivery point
Consignor’s
declarations
Acceptance
Description of the
goods
Examination
Extension of transit time Carrier’s
declarations Other carriers
Contractual
carriers
Simplified transit procedure for
rail
Specimen in
Appendix 4a,
GLV-CIM
(2.7) Electronic consignment note CIM
• Main principle – functional equivalence
• EDI Agreement – contract on electronic exchange of data
• Functional specifications
• Legal specifications
• Technical specifications
• eRailFreight Project of the UIC/Raildata with the CIT
• Mixed system – printouts only where and if needed
• Practical implementation trough the participating railways
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Dr. Erik Evtimov
Deputy Secretary General of the CIT
Phone: +41 79 746 58 44
E-mail : [email protected]
www.cit-rail.org